SUBHASH KAPUR Vs. SURAJ PRAKASH KAPOOR

JUDGEMENT

(1.) These two cases have been put up by learned Joint Registrar before the Court on the objection being raised by the learned counsel for the plaintiff Subhash Kapoor as regard to the extent of his cross examination as PW-1 by defendant No. 6 in Suit No. CS(OS) 908/1997.

(2.) This Suit No. CS(OS) 908/1997 is filed by the plaintiff Subhash Kapoor against nine defendants who are his brothers and sisters. The reliefs sought are relating to partition of properties at Kirti Nagar and Dehradun. The second Suit No. CS(OS) 663/2006 is filed by his brother Om Prakash and two sisters against him and his other brothers.

(3.) In the suit filed by Subhash Kapoor [CS(OS) 908/97], the defence of defendant No. 6 Sham Kapoor was struck off, whereas he has filed written statement in the second suit [CS(OS) 663/06] that was filed by Om Prakash and his sisters against him and his other brothers. Subhash Kapoor was under cross examination and had already been cross examined by the other defendants in Suit No. CS(OS) 908/1997.